A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On October 5, 2001, the Defendant issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of road traffic laws at the Seoul Western District Court on November 5, 2001; on November 12, 2004, a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of road traffic laws at the Suwon District Court's Branch Branch of the Incheon District Court on November 27, 2008; on February 21, 2012, a summary order of KRW 3 million with a fine of KRW 8 million with a fine of KRW 8 million due to a violation of road traffic laws (driving) at the Incheon District Court's Branch of the Incheon District Court on May 7, 2014; and on May 7, 2014, an order of summary order of KRW 8 million with a fine of KRW 8 million with a penalty of KRW 8 million due to a violation of road traffic laws (driving).

[Criminal facts] On May 22, 2017, the Defendant driven a DNA strawing car under the influence of alcohol concentration of 0.198% in blood on the 20-meter road in the 20-meter radius prior to Seocheon-si around 23:56.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, a report on the situation of the driver of drinking alcohol and a report on detection of the driver;

1. A response to a request for appraisal and a written appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (the confirmation of the previous history), and copies of summary orders;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44-2 (1) of the same Act concerning the facts constituting an offense;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume: (a) there is a need for strict punishment in light of the risk of driving alcohol; (b) the history of punishment for the same kind of crime reaches five times; (c) the degree of alcohol concentration in the blood transfusion of this case reaches 0.198%, which is considerably favorable: The recognition of and reflects the crime; (d) traffic accidents do not occur; and (e) the various sentencing conditions indicated in the records and arguments, such as the motive and background of the crime; (e) the means of the crime; (e) the circumstances after the crime; and (e) family relations, etc., shall be determined as the same as the order.